Local and national LGBTQ advocates said the recent signaling from the Trump administration that it will roll back federal guidance for transgender students was troubling and could set back gains for the community that have risen in recent years.
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A woman waves a flag representing transgender people during a rally held by Garden State Equality on the steps of the State House in Trenton, NJ on Monday, March 13, 2017. The group is urging Governor Chris Christie to protect transgender children by adopting guidelines to be used by New Jersey schools. Christie and the state Department of Education have so far said they would not adopt such guidelines and that such matters should be discussed locally by individual school districts. (Photo: Danielle Parhizkaran/Northjersey.com)

"It's a big deal for transgender students in New Jersey," said Aaron Potenza, director of programs for Garden State Equality, an advocacy organization for lesbian, gay and transgender people. “This is probably the strongest guidance we've seen out of any state."

The guidance clarifies that determining gender identity rests with the student and not the parents. It’s a piece that advocacy groups have pushed for, noting that some LGBT students are rejected by their families.

“A policy that requires notification is a policy that makes students unsafe,” Potenza said. “Schools need to care about a safe and supportive environment for kids when that may be the only supportive place they have.”

Additional rules under the new guidance include:

School administrators, teachers and staff must use a student’s preferredname and pronouns in verbal, written and electronic communications.

Students must be allowed to participate in athletics in a manner consistent with their self-described gender identity.

School districts can't require documentation or evidence, including diagnosis, treatment, or legal name change, for accepting a student’s gender identity.

Students can access restrooms, locker rooms and changing facilities according to their gender identity.

Gov. Phil Murphy, who took office in January, promised to improve protections for gay, lesbian, bisexual and transgender students during his campaign, but the process for new guidance actuallybegan before he took office. It’s the product of a 2017 law, signed by then-Gov. Chris Christie, that required the state to create and distribute guidance to public schools about policies for transgender students.

State Education Commissioner Lamont Repollet said school personnel should have an “open yet confidential discussion” with the student about their chosen name and privacy matters.

“It’s the obligation of all educators to provide a safe and welcoming school environment so all students throughout the state can achieve their full potential,” he said.

The guidance followed years of activism and input from students, educators and advocacy groups who believed that state anti-discrimination laws did not go far enough to protect students and who wanted clarification for school districts struggling to codify their own rules on the issue.

Many school districts had adopted their own policies allowing transgender students to use bathrooms based on their gender identity. But in the absence of state guidelines, the rules differ from one district to another, and some schools do not have a written policy.

Sue McBride, a teacher in Glen Rock and president of the Bergen County Education Association, said the new state guidance would help schools craft policies thatsupport transgender students.

“Every child deserves to feel safe in their learning environment,” she said. “One of the key jobs of any school district is to give students a safe space to learn and grow and these guidelines are a step in the right direction in doing that.”